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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/488,963
`
`08/27/2019
`
`AYAKO HORIUCHI
`
`731456.534USPC
`
`3276
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PARK, JUNG H
`
`PAPER NUMBER
`
`ART UNIT
`
`2411
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/09/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/488,963
`Examiner
`JUNG H PARK
`
`Applicant(s)
`HORIUCHI et al.
`Art Unit
`AIA (FITF) Status
`2411
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 02/24/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`12-23 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 12-23 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)L The specification is objected to by the Examiner.
`11) The drawing(s) filed on 08/27/20 is/are: a) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20201204
`
`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 2
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`DETAILED ACTION
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`1.
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`The presentapplication, filed on or after March 16, 2013, is being examined under the
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`first inventor tofile provisions of the AIA.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a newground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`Claim Rejections - 35 USC § 102
`
`2.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the patent or
`application, as the case may be, names another inventor and waseffectively filed before the effectivefiling
`date of the claimed invention.
`
`3.
`
`Claims 12, 14-16, 18, and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being
`
`unpatentable by Lee et al. (US 2019/0238247, “Lee’).
`
`Regarding claim 12, Lee discloses a cornmunication apoaratus, comorising:
`
`-a receiver (See 114 tig 32, a receiver al UE}, which, in operation, receives a
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`higher layer signaling which indicates a plurality of patterns, and receives
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`downlink control information (DCH which notifies a pattern that has been selected
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`from the olurality of patterns (See fig.30, $.19, and €.252. a plurality of shared-PTRS
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`patterns may be configured for the UE through either or both of Radio Resource Control
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`(RRC) and Downlink Control Information (DCI), and information for selecting any one
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`from among the plurality of shared-PTRSpatterns configured for the UE may be
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`additionally configured through either or both of the RRC and the DCI); and
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`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 3
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`- eircultry (See 4.264, circults}), which is coupled to the receiver and which,
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`in operation, decodes data based on the pattern (See ¥.20, accuralely decode a
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`received signal}.
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`Regarding claim 14, Lee discloses “eachof the plurality of patiems indicates a
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`starting symbol for allocation of the data (See 4.141, PTRS resources can be defined by
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`a Resource Block (RB} index and/or a symbol index, See fig. 14 and 4.142, Each PTRS
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`resource set may beindicated by a RB index and/or a symbol index. In other words, by
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`doing so, a resource set where PTRSsare defined can be indicated}.”
`
`Regarding claim 15, Lee disclases “the plurality of patlems are indicated in unis
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`af a resource clock (AB) (See 4.141, PTHS resources can be defined by a Resource
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`Block (RB) index and/or a symbol index; See fig.14 and 4.142, Each PTRS resourceset
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`may be indicated by a RB index and/or a symbol index. In other words, by doing so, a
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`resource set wnere PTRSsare defined can be indicated}.”
`
`Hegarding claim 16, Lee discloses “a number of the olurality of patterns is 2 (See
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`fig. 20 and 4.177, PTRSs with oatterns |] and 2}."
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`He garding claim 7G, itis a method claim corresponding to ihe apcaralus claim
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`idand is therefore reiected for the simlar reasans set forth In the rejection of the claim.
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`Regarding claims 20-22, they are claims corresponcing to claims 14-16,
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`respectively and are inerefore reiected far the similar reasons sel forth in the rejection of
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`the clairns.
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`

`

`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 4
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`Claim Rejections - 35 USC § 103
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`4.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections setforth in this Office action:
`
`A patent fora claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102 ofthis title,
`if the differences betw een the
`claimed invention and the prior art are such that the claimed invention as a whole would have been
`obvious before the effective filing date of the claimed invention to a person having ordinary skill
`in
`the art to which the claimed invention pertains. Patentability shall not be negated by the manner in
`which the invention w as made.
`
`5.
`
`Claims 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in
`
`view of Saiwai et al. (US 2018/0070264, “Saiwai’).
`
`Regarding claim 13, Lee dees not expiicilly cieclose whal Saiwai ciscioses “seach
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`af the cluralily of patterns indicates one ar more resources which are not available for
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`allocation of the data (Sawai, See fig.i1 and 4.276, the (extended) DCI format includes
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`a "Resource pool index" corresponding to the index. The index indicates whether or not
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`a plurality of radio resources are available in one SC period).”
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`Therefore, ii would have been obvious to one of ordinary skillin the art before the
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`affective filing date to aoply the method of “each ofthe plurality ofpatterns indicates one
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`or more resources which are not avaiable for allocation of the data’ as taught by Saiwai
`
`into the sysiem of Lee, so thal H provides a way of indicating whether or not a plurality of
`
`radio resources are available (Salwai, See 4.276),
`
`Regarding claim 19, tis a claim corresponding to the claim 13 and ts therefore
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`reiecied for the similar reasons set forth in the rejection of the claim.
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`8.
`
`Claims 17 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in
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`view of He of al. (US 201 9/0289668, “He’).
`
`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 5
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`Hegarding claim 17, Lee dees nol explicitly disclose whal He discloses “each af
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`the plurality of patierns indicates one more resources occupied oy amini slot (See fig.4
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`and 433-34, the location of guard time 120 and 150 can either be providedfor in the last
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`or first Nsymb symbols of one mini-slot or slot. The value of Nsymb can be semi-statically
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`configured for a UE through an RRC message or dynamically signaled by PDCCH that
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`triggers the BWAoperation at least based on the corresponding capability reported by a
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`UE).”
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
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`effectivefiling date to apply the method of “each of fhe plurality ofpatterns indicates one
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`more resources occupied by a mini sio? as taught by He into the system of Lee, so that
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`ii provides a way for UE fo scheciule to transmit or receive allocalion of a portion of a RF
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`bandwicih in different rmini-siois (He, See €.33).
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`Regarding claim 23, itis a claim corresponding to the claim 17 andis therefore
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`reiected for the sirnilar reasons set forth in ihe rejection of the claim.
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`7.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`Contact Information
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`should be directed to Jung Park whosetelephone number is 571-272-8565. The
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`examiner can normally be reached on Mon-Fri during 7:00-3:00.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Andrew Lai can be reached on 571-272-9741. The fax phone number for the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published
`
`

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`Application/Control Number: 16/488,963
`Art Unit: 2411
`
`Page 6
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`applications may be obtainedfrom either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
`
`have questions on accessto the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197(toll-free).
`
`/JUNG H PARK/
`
`Primary Examiner, Art Unit 2411
`
`